Acceptance of Terms
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Website.
Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of the Company or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content on the Website without the prior written consent of the Company.
LEGAL TERMS & CONDITIONS
(Applicable to All Clients – Domestic and International) [ Last updated: “18 July 2024 & New updated: 1st January 2025” ]
1. MSME Registration & Legal Standing
Hastag Creator is a registered Micro Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), recognized by the Government of Maharashtra. As per this Act:
All clients (domestic or international) are legally bound to make payments within 45 days of invoice issuance.
Any delay beyond this period shall attract compound interest at three times the RBI’s notified bank rate, as per Section 16 of the MSMED Act.
Disputes related to delayed payments shall be resolved through the Micro and Small Enterprises Facilitation Council (MSEFC), Maharashtra, whose decisions are enforceable as civil court decrees.
2. Non-Refundable Service Policy (Indian Contract Act, 1872)
By engaging with Hastag Creator, the client agrees to the following:
All advance payments are strictly non-refundable once the project has commenced or resources have been allocated.
Consultancy services, once initiated (including strategic planning, campaign setup, or advisory calls), are deemed delivered and are non-refundable, regardless of campaign performance or client satisfaction.
These terms are enforceable under the Indian Contract Act, 1872, and are binding upon all parties.
3. Digital Agreements & Communication Validity (Information Technology Act, 2000)
All contracts, approvals, and communications via email, WhatsApp, or digital signature are legally valid under the Information Technology Act, 2000.
Clients acknowledge that digital acceptance (via email or e-signature) constitutes full legal consent to the terms of service.
4. Jurisdiction & Dispute Resolution (Indian Civil Procedure Code & MSMED Act)
All disputes, claims, or legal proceedings shall be subject to the exclusive jurisdiction of the courts in Maharashtra, India.
Clients, including those based outside India, waive any right to initiate legal action in foreign jurisdictions.
In case of any dispute, the matter shall first be referred to the MSE Facilitation Council, Maharashtra, as per Section 18 of the MSMED Act, which overrides any arbitration or foreign dispute clause.
5. International Client Compliance
All international clients agree that:
Indian laws shall govern the contract.
No foreign court or arbitration body shall have jurisdiction over disputes with Hastag Creator.
Any attempt to initiate legal action outside India shall be considered a breach of contract and subject to counter-litigation in India.
6. Service Delivery & Client Responsibility
Clients are responsible for providing timely approvals, creative assets, and feedback.
Delays or dissatisfaction arising from client-side inaction or miscommunication shall not be grounds for refund or legal claim.
Hastag Creator shall not be held liable for third-party platform issues (e.g., Meta Ads, Google Ads policy changes or account suspensions).
7. Force Majeure
Hastag Creator shall not be liable for any failure or delay in service delivery due to events beyond its control, including but not limited to natural disasters, government restrictions, platform outages, or cyberattacks.
8.Right to Refuse Service and Account Termination
Hastag Creator reserves the absolute right, at its sole discretion, to:
Refuse service to any individual, business, or entity, whether domestic or international, without the obligation to provide a reason, especially in cases involving:
- Non-compliance with our Terms & Conditions
- Unethical, abusive, or fraudulent behavior
- Misalignment with our business values or service scope
Terminate or suspend access to any client account, dashboard, or communication channel without prior notice if:
- The client violates any clause of this agreement
- There is misuse of our services or intellectual property
- There is a breach of payment terms or legal obligations
Remove, suspend, or modify content (including but not limited to ad creatives, influencer materials, or campaign assets) that:
- Violates applicable Indian laws or platform policies (e.g., Meta, Google)
- Is misleading, defamatory, offensive, or harmful to public interest
- May expose Hastag Creator to legal liability or reputational harm
This clause is enforceable under the Indian Contract Act, 1872, and is intended to protect the operational integrity, legal standing, and ethical standards of Hastag Creator.
User Accounts
In order to access certain features of the Website, you may need to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
User Content
By submitting any content to the Website, including but not limited to text, photos, videos, and other materials (“User Content”), you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media. You represent and warrant that you have all the necessary rights to grant this license to the Company.
Influencer Services
The Company may offer services that connect influencers with brands for promotional purposes. If you choose to participate in such services, you acknowledge and agree that the Company has the right to use your name, likeness, and other personal attributes, including your face, to promote brands and products. You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your name, likeness, and personal attributes in connection with such promotional activities.
Privacy
Your privacy is important to us. Please refer to our Privacy Policy, which explains how we collect, use, and disclose your information.
Third-Party Websites and Content
The Website may contain links to third-party websites or display content from third parties. The Company does not endorse or assume any responsibility for any third-party websites or content. Your interactions with third parties, including advertisers and other users, are solely between you and such third parties.
Disclaimer of Warranties
The Website and its content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to the accuracy, reliability, completeness, suitability, or timeliness of the content on the Website. We do not commit any warranty or Guarantee on any given proposal or verbal or written communication; it is given only as per our experience with other brands or clients. (It will only be considered as estimated terms only)
We do not commit any sales numbers upon proposal on services, and this will not be presented or committed any warranty or guarantee to the service
(- last update on 18 July 2024 & also updated on 1st January 2025 – all these polices are applicable in terms of indian law, MSME Development Act, 2006,
Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use or inability to use the Website or its content.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, expenses, damages, and losses, including attorney’s fees, arising out of or in connection with your use of the Website or violation of these Terms.
Modifications to the Terms
The Company reserves the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after the posting of any changes constitutes your acceptance of such changes.
Termination
The Company may terminate or suspend your access to the Website, with or without cause, at any time and without prior notice. All provisions of these Terms, which by their nature should survive termination, shall survive termination.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Bombay Civil Court or the Bombay High Court, as applicable.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not be affected or impaired.
Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written, relating to the subject matter herein.
Refund Policy
At Hashtag Creator, we are committed to delivering high-quality influencer and digital marketing services. Please carefully review our policy regarding refunds, service expectations, and continuity of service:
- No Refund Policy: We do not offer refunds for any of our services under any circumstances. This includes monetary refunds, credits, or any other form of compensation.
- Service Commitment: We pledge to execute all contracted services with the utmost professionalism, expertise, and diligence.
- Issue Resolution: In the event of any concerns or dissatisfaction, we encourage clients to contact our support team promptly. While we cannot provide refunds, we will work to offer valuable solutions and alternatives within the scope of the contracted services.
- Estimated ROAS: Any Return on Ad Spend (ROAS) figures or results provided in proposals, calls, emails, or any other form of communication are estimates based on our experience. These estimates are not guarantees of performance.
- No Guaranteed Results: We do not guarantee specific outcomes or results. Even platforms like Facebook do not provide guarantees on ROAS or performance metrics.
- Performance Factors: Multiple factors influence campaign performance, many of which are beyond our control. We strive to optimize campaigns based on our expertise and industry best practices.
- Ad Spend Responsibility: Clients are solely responsible for their ad spend. If a client runs out of funds for ad spend or is unable to continue services for any reason, they will not be eligible for any retention offers, refunds, or compensation.
- Service Discontinuation: If a customer or brand is unable to continue our services for any reason (including but not limited to financial constraints), they will not be entitled to any retention offers, refunds, or other compensatory measures as per our terms of use and policy.
- Communication: We maintain open lines of communication and are committed to working collaboratively with our clients to achieve desired outcomes within the scope of our services.
- Service Acceptance: By engaging our services, you acknowledge and agree to all terms outlined in this policy, including the no-refund clause, the nature of estimated ROAS, and the conditions regarding service discontinuation.
- Continuous Improvement: We value your feedback and use it to continually enhance our services. While we cannot offer refunds or compensation for discontinued services, we are committed to delivering value within the active service period.
- Policy Updates: Hashtag Creator reserves the right to amend this policy at any time, with changes taking effect upon posting to our website.
For any questions or further clarification regarding this policy, please contact our customer support team. We appreciate your understanding and look forward to serving your digital marketing needs.
If you have any questions or concerns about these Terms, please contact us at Contact@HashtagCreator.com or call us at +91-80599-57479.